2009 WISCONSIN ACT
397
An Act
to repeal
7.23 (1) (b);
to amend
7.23 (1) (f), 7.23 (1) (g), 7.23 (1) (h) and 7.23 (2); and
to create
5.02 (4s) of the statutes;
relating to:
the period for retention of certain election materials in state and local elections.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
5.02 (4s) of the statutes is created to read:
5.02
(4s)
"Federal election" means any election at which a national office appears on the ballot.
Section
2
.
7.23 (1) (b) of the statutes is repealed.
Section
3
.
7.23 (1) (f) of the statutes is amended to read:
7.23
(1)
(f) Except as authorized in
pars. (b) and
par.
(g), ballots, applications for absentee ballots, registration forms, or other records and papers requisite to voting at any federal election, other than registration cards, may be destroyed after 22 months.
Section
4
.
7.23 (1) (g) of the statutes is amended to read:
7.23
(1)
(g) Detachable recording units and compartments for use with
tabulating equipment for an
electronic voting
machines
system
may be cleared or erased 14 days after any primary and 21 days after any other election. Before clearing or erasing the units or compartments, a municipal clerk shall transfer the data contained in the units or compartments to a disk or other recording medium which may be erased or destroyed 22 months after the election to which the data relates.
The requirement to transfer data does not apply to units or compartments for use with tabulating equipment for an electronic voting system that was approved for use prior to January 1, 2009, and that is not used in a federal election.
Section
5
.
7.23 (1) (h) of the statutes is amended to read:
7.23
(1)
(h)
Ballots
Except as provided in par. (f), ballots
may be destroyed 30 days after any election.
Section
6
.
7.23 (2) of the statutes is amended to read:
7.23
(2)
If
a recount is pending or if the time allowed for filing a recount petition at any election or an appeal or petition for review of any recount determination or decision at an election has not expired, no materials may be destroyed until after the recount is completed and the applicable time period has expired. In addition, if
there is
a demand for a recount, notice of an election contest or any contest or
litigation pending with respect to
a recount at
an election, materials may be destroyed and
recorders,
recording
units or compartments may be cleared or erased only by order of the
judge in whose
court
in which
litigation is pending
or if no litigation is pending, by order of any circuit judge for the affected jurisdiction
. Upon petition of the attorney general or a district attorney or U.S. attorney for the affected jurisdiction, a circuit judge for the affected jurisdiction may order that specified materials not be destroyed or that specified recorders, units or compartments not be cleared or erased as otherwise authorized under this subsection until the court so permits.
The governor may by order permit the clearing of voting machine recorders on machines needed to conduct a special election prior to the time authorized under this subsection, unless there is a demand for recount, notice of an election contest or a contest or litigation pending, or a court of record orders that the recorders not be cleared.
Section
7
.
Initial applicability.
(1) This act first applies with respect to elections held after the effective date of this subsection.
